Ala. Lawyers Protest Pay Cut

Published 8:00 pm, Thursday, February 28, 2002

Associated Press Writer

A group of 20 Alabama lawyers withdrew Friday from a volunteer pool to represent the poor because the state has quit reimbursing court-appointed attorneys for overhead costs.

While the Madison County lawyers are the first to withdraw as a group out of protest, others around the state are considering similar actions, which could severely impact speedy trials for indigent defendants and juveniles.

The 20 northeastern Alabama lawyers filed papers stating they would not accept any new indigent defendants until the payments are restarted. Overhead reimbursement, which amounted to about a third of the state paid lawyers per case, was halted in early February.

Among those who withdrew was Bruce Gardner, who said another 20 Madison County lawyers are expected to withdraw soon _ some from pending cases. He said 40 withdrawals would deplete the county's pool of court-appointed lawyers by about half.

"This is a disaster for the poor," said Montgomery attorney Steve Glassroth, who is a member of the Alabama Criminal Defense Lawyers Association and part of a task force that is seeking a solution to the impasse.

The Alabama Supreme Court ruled in a split decision in November that overhead payments are illegal under a 1999 state law which set rates for court-appointed lawyers.

Chief Justice Roy Moore wrote the opinion as a footnote in a separate case involving payments for indigent defense work. Three judges concurred with Moore and one dissented. Four others said the footnote was not relevant to the case.

Based on that ruling, Gov. Don Siegelman ordered the state to halt the payments in early February. While the governor says he is following the law, opponents claim he seized on Moore's opinion to save the state money.

Of the $31.9 million the state paid for indigent defense last year, $9.7 million went to overhead costs.

The Legislature has asked the state Supreme Court for an advisory opinion. The governor has also asked Attorney General Bill Pryor for an opinion, which was put on hold until the high court acts.